Be your Logistics Department in China
Customized logistics solutions, your logistics expert in China
After the bill of lading is lost: cargo rights
by：VIPUTRANS
2020-07-27
Many foreign trade companies have had the experience of having a full set of original bills of lading lost by the express company during the process of submitting it to the bank through the express company.
The customer was contacted by the salesman, and the express delivery form was filled in by himself. The express company used was also the one commonly used by the company, and the express delivery never insured the price... This caused the salesmen to panic instantly.
Wu Xiaochen is a sales representative of Shanghai Dawei International Group Co., Ltd., and his company also includes freight forwarding business. In the business he handled, he has never lost the original bill of lading experience, but such incidents happen from time to time, and he often discusses with industry insiders.
Wu Xiaochen told C Weekly that the bill of lading is the receipt by the carrier for receiving the goods or loading the goods on the ship. It is the proof of the establishment of the contract for the carriage of goods by sea and the carrier's guarantee to deliver the goods and transferable property rights. Therefore, after the loss, it can be resolved in accordance with the procedures of posting a report-writing a description of the situation to the shipping company-depositing a bond-issuing a certificate to the shipping company-shipping company reissue of the bill of lading.
General resolution steps for loss of original bill of lading
The first step: report and record
Loss of the bill of lading must generally be reported to the record, which is also the first step in the process of solving the lost bill of lading. 'Because the original bill of lading is a document of property rights, it must be reported to the municipal newspaper to prove the loss of the bill of lading, that is, the original bill of lading is invalid. At the same time, the bill of lading number, ship name and voyage number and box number are attached.' Wu Xiaochen said.
Regarding the specific matters of publishing the newspaper, Wu Xiaochen said that it is not complicated. 'Usually it is published in small advertisements or missing persons. 20 characters seems to be the cheapest price. Municipal newspapers, such as Wen Wei Po, Jiefang Daily, etc. can be published, and the general newspaper society lets you choose A format section, and then bring the lost statement and ID card, and just pay.' He said.
The format of the report is as follows:
Lost statement: ****** Co., Ltd.
Lost 2 copies of the bill of lading, ship name and voyage:; bill of lading number:;
Vessel name and voyage:; Bill of lading number:, the declaration is invalid.
Step 2: Write a description to the shipping company
In this link, Wu Xiaochen pointed out that two aspects should be paid attention to: on the one hand, the account period, on the other hand, the situation must be true.
'The statement of the situation is to point out that if all the responsibilities caused by the loss of the bill of lading are borne by the carrier, it can be more accurately understood that this is not a statement of the situation but a letter of guarantee. The problem is that the carrier has already lost the bill of lading, so the carrier Now it is equivalent to working with the shipping company, which seems very passive from the perspective of the carrier.' Wu Xiaochen said.
At the same time, it depends on trade terms. Wu Xiaochen said that if it is the shipping company that the exporter is looking for, because it is the exporter who booked the space, the loss of the bill of lading will naturally be written by the exporter, and the foreign consignee has not had any money transactions with the shipping company.
The third step: deposit margin
After completing the report and writing the situation description to the shipping company, a huge deposit must be paid to the shipping company. The value is generally equivalent to about 200% of the value of the goods, and each shipping company charges differently.
'The deposit will generally be held by the shipping company for more than 8 months. The time is different for each shipping company, and it must be decided based on the speed at which the matter is resolved.' Wu Xiaochen said.
Step 4: The shipping company issues a certificate
The shipping company will give a certificate after the description of the situation and the deposit to the shipping company.
Step 5: The shipping company reissues the bill of lading
Wu Xiaochen specifically pointed out that it is better to use a different bill of lading number for the bill of lading reissued by the carrier. At least the two sets of bills of lading should be clearly distinguished so that they can be easily identified at the port of discharge. After that, it is necessary to promptly notify the agent at the port of discharge and other related parties of the contents of the re-issuance of the bill of lading, and make corresponding changes to other relevant documents.
If the bill of lading is lost after the settlement, no need to reissue
If the bill of lading is lost after the shipper has settled the exchange, the ownership of the goods has been transferred to the holder of the bill of lading, so there is generally no need to reissue the bill of lading. Wu Xiaochen said that at this time, different treatments can be carried out according to different situations.
For example, under a registered bill of lading, the carrier may deliver the goods to the consignee of the registered bill of lading after receiving the company’s letter of guarantee from the consignee and the consignor’s written guarantee that the consignor agrees to deliver the goods to the consignee.
Under the instructions of the bill of lading, Wu Xiaochen pointed out that after receiving the request from the consignee that the consignee is unable to pick up the goods on the basis of the original bill of lading due to the loss of the bill of lading, the agent at the port of discharge should require the consignee to produce a photocopy of the original/copy of the bill of lading issued by the original carrier and the commercial invoice , Commercial contracts and packing lists to verify whether the delivery party is the real consignee. At the same time, the agent at the port of discharge shall require the consignee to provide a letter of guarantee issued by a first-class bank that conforms to a certain standard format, and the agent at the port of discharge shall ask the agent at the port of loading to contact the shipper on the bill of lading, after obtaining the consent of the shipper Next, release the goods to the delivery person’s written guarantee.
'The specific procedure under the unregistered bill of lading is similar to the instructed bill of lading. If the consignee returns the full set of original bill of lading, the letter of guarantee can be returned to the consignee. If the consignee cannot return the full set of original bill of lading, in principle Retain the letter of guarantee indefinitely. If the consignee makes a return request, the agent at the port of discharge should reserve a minimum period in accordance with the laws of the country where it is located.' Wu Xiaochen said.
In short, after the bill of lading is lost, no matter what the situation, you must immediately contact the shipping company to control the goods, so as to reduce the loss and prevent the interests of the importer and exporter from being harmed.
Response beforehand: Only the exporter can reserve an original copy in hand
'Kill the regret before the incident'-everything is like this. In order to prevent the loss of the original bill of lading from causing unnecessary trouble to the enterprise and customers in the later stage, Wu Xiaochen hereby puts forward the following suggestions to the enterprise:
1. Generally, the bill of lading consists of 3 originals and 3 pairs. After confirmation with the customer, you can reserve an original copy in your own hands. In this way, even if you lose 2 copies, you still have 1 copy in your hand.
2. Change the telex bill of lading or the port of destination bill of lading, it can also be SEA WAY BILL, there is no such risk. It should be noted that the premise is that this operation can be done under the condition that all foreign exchange is received. 'Because the copy of the telex bill of lading can be picked up, SEA WAY BILL can also be picked up without the original copy, and the port of destination bill of lading is that many of the fees are collected at the port of destination, that is, the consignee pays. In fact, the key is that if it is in full In the case that all the extra remittances are received, the customer can replace the original bill of lading with another method of bill of lading to pick up the goods, and there is no such concern.' Wu Xiaochen said.
3. When sending the express, explain to the express company that it is a bill of lading. The exporter can choose a courier company with good service, and would rather pay more for a service back.
The customer was contacted by the salesman, and the express delivery form was filled in by himself. The express company used was also the one commonly used by the company, and the express delivery never insured the price... This caused the salesmen to panic instantly.
Wu Xiaochen is a sales representative of Shanghai Dawei International Group Co., Ltd., and his company also includes freight forwarding business. In the business he handled, he has never lost the original bill of lading experience, but such incidents happen from time to time, and he often discusses with industry insiders.
Wu Xiaochen told C Weekly that the bill of lading is the receipt by the carrier for receiving the goods or loading the goods on the ship. It is the proof of the establishment of the contract for the carriage of goods by sea and the carrier's guarantee to deliver the goods and transferable property rights. Therefore, after the loss, it can be resolved in accordance with the procedures of posting a report-writing a description of the situation to the shipping company-depositing a bond-issuing a certificate to the shipping company-shipping company reissue of the bill of lading.
General resolution steps for loss of original bill of lading
The first step: report and record
Loss of the bill of lading must generally be reported to the record, which is also the first step in the process of solving the lost bill of lading. 'Because the original bill of lading is a document of property rights, it must be reported to the municipal newspaper to prove the loss of the bill of lading, that is, the original bill of lading is invalid. At the same time, the bill of lading number, ship name and voyage number and box number are attached.' Wu Xiaochen said.
Regarding the specific matters of publishing the newspaper, Wu Xiaochen said that it is not complicated. 'Usually it is published in small advertisements or missing persons. 20 characters seems to be the cheapest price. Municipal newspapers, such as Wen Wei Po, Jiefang Daily, etc. can be published, and the general newspaper society lets you choose A format section, and then bring the lost statement and ID card, and just pay.' He said.
The format of the report is as follows:
Lost statement: ****** Co., Ltd.
Lost 2 copies of the bill of lading, ship name and voyage:; bill of lading number:;
Vessel name and voyage:; Bill of lading number:, the declaration is invalid.
Step 2: Write a description to the shipping company
In this link, Wu Xiaochen pointed out that two aspects should be paid attention to: on the one hand, the account period, on the other hand, the situation must be true.
'The statement of the situation is to point out that if all the responsibilities caused by the loss of the bill of lading are borne by the carrier, it can be more accurately understood that this is not a statement of the situation but a letter of guarantee. The problem is that the carrier has already lost the bill of lading, so the carrier Now it is equivalent to working with the shipping company, which seems very passive from the perspective of the carrier.' Wu Xiaochen said.
At the same time, it depends on trade terms. Wu Xiaochen said that if it is the shipping company that the exporter is looking for, because it is the exporter who booked the space, the loss of the bill of lading will naturally be written by the exporter, and the foreign consignee has not had any money transactions with the shipping company.
The third step: deposit margin
After completing the report and writing the situation description to the shipping company, a huge deposit must be paid to the shipping company. The value is generally equivalent to about 200% of the value of the goods, and each shipping company charges differently.
'The deposit will generally be held by the shipping company for more than 8 months. The time is different for each shipping company, and it must be decided based on the speed at which the matter is resolved.' Wu Xiaochen said.
Step 4: The shipping company issues a certificate
The shipping company will give a certificate after the description of the situation and the deposit to the shipping company.
Step 5: The shipping company reissues the bill of lading
Wu Xiaochen specifically pointed out that it is better to use a different bill of lading number for the bill of lading reissued by the carrier. At least the two sets of bills of lading should be clearly distinguished so that they can be easily identified at the port of discharge. After that, it is necessary to promptly notify the agent at the port of discharge and other related parties of the contents of the re-issuance of the bill of lading, and make corresponding changes to other relevant documents.
If the bill of lading is lost after the settlement, no need to reissue
If the bill of lading is lost after the shipper has settled the exchange, the ownership of the goods has been transferred to the holder of the bill of lading, so there is generally no need to reissue the bill of lading. Wu Xiaochen said that at this time, different treatments can be carried out according to different situations.
For example, under a registered bill of lading, the carrier may deliver the goods to the consignee of the registered bill of lading after receiving the company’s letter of guarantee from the consignee and the consignor’s written guarantee that the consignor agrees to deliver the goods to the consignee.
Under the instructions of the bill of lading, Wu Xiaochen pointed out that after receiving the request from the consignee that the consignee is unable to pick up the goods on the basis of the original bill of lading due to the loss of the bill of lading, the agent at the port of discharge should require the consignee to produce a photocopy of the original/copy of the bill of lading issued by the original carrier and the commercial invoice , Commercial contracts and packing lists to verify whether the delivery party is the real consignee. At the same time, the agent at the port of discharge shall require the consignee to provide a letter of guarantee issued by a first-class bank that conforms to a certain standard format, and the agent at the port of discharge shall ask the agent at the port of loading to contact the shipper on the bill of lading, after obtaining the consent of the shipper Next, release the goods to the delivery person’s written guarantee.
'The specific procedure under the unregistered bill of lading is similar to the instructed bill of lading. If the consignee returns the full set of original bill of lading, the letter of guarantee can be returned to the consignee. If the consignee cannot return the full set of original bill of lading, in principle Retain the letter of guarantee indefinitely. If the consignee makes a return request, the agent at the port of discharge should reserve a minimum period in accordance with the laws of the country where it is located.' Wu Xiaochen said.
In short, after the bill of lading is lost, no matter what the situation, you must immediately contact the shipping company to control the goods, so as to reduce the loss and prevent the interests of the importer and exporter from being harmed.
Response beforehand: Only the exporter can reserve an original copy in hand
'Kill the regret before the incident'-everything is like this. In order to prevent the loss of the original bill of lading from causing unnecessary trouble to the enterprise and customers in the later stage, Wu Xiaochen hereby puts forward the following suggestions to the enterprise:
1. Generally, the bill of lading consists of 3 originals and 3 pairs. After confirmation with the customer, you can reserve an original copy in your own hands. In this way, even if you lose 2 copies, you still have 1 copy in your hand.
2. Change the telex bill of lading or the port of destination bill of lading, it can also be SEA WAY BILL, there is no such risk. It should be noted that the premise is that this operation can be done under the condition that all foreign exchange is received. 'Because the copy of the telex bill of lading can be picked up, SEA WAY BILL can also be picked up without the original copy, and the port of destination bill of lading is that many of the fees are collected at the port of destination, that is, the consignee pays. In fact, the key is that if it is in full In the case that all the extra remittances are received, the customer can replace the original bill of lading with another method of bill of lading to pick up the goods, and there is no such concern.' Wu Xiaochen said.
3. When sending the express, explain to the express company that it is a bill of lading. The exporter can choose a courier company with good service, and would rather pay more for a service back.
Custom message
